The reasonable girl: A new reasonableness standard to determine sexual harassment in schools

The U.S. Supreme Court held in Davis v. Monroe County Board of Education th at schools may be liable under Title IX of the 1972 Education Amendments fo r student-to-student hostile-environment sexual harassment. Although the Co urt required that conduct be severe, pervasive, and objectively offensive t o qualify as sexual harassment under the statute, it did not establish an o bjective reasonableness standard to evaluate allegedly harassing conduct. I n the context of Title VII employment-discrimination jurisprudence, some co urts apply a reasonable-woman standard to determine what conduct is objecti vely hostile or abusive such that it constitutes actionable hostile-environ ment sexual harassment in the workplace. This Comment argues that a reasona ble-girl standard, which is an amalgamation of reasonable-woman precedent a nd the reasonable child from tort law, is consistent with previous U.S. Sup reme Court interpretations of Title IX. This Comment further contends that courts should adopt the reasonable-girl standard because it will further gi rls' equal educational opportunities, thereby serving the goal of Title IX.